Privacy Law Library

Psychotherapy Artificial Intelligence Restrictions

HB 26-1195

Artificial intelligence · Health

HB 26-1195 limits how therapists may use AI: AI may not conduct therapy or make treatment decisions without the professional's real-time involvement and approval, and clients must be told of the limits. Recording or transcribing a session with AI requires advance written disclosure and written consent. Separately, no one may market an AI system as providing psychotherapy or imply therapist-level confidentiality for user data.

Where
Colorado
Citation
C.R.S. 12-245-224.5; 12-245-224(1)(w); 6-1-1705.2
Status
In force
In force since
2026-08-12
Enforced by
Mental health licensing boards in the Department of Regulatory Agencies (professional discipline); Attorney General for the consumer-protection section
People can sue
No
Penalties
Professional discipline by the relevant licensing board; the 6-1-1705.2 prohibitions are part of the Colorado Consumer Protection Act article.
Applies to
  • Licensed, registered, or certified mental health professionals and others lawfully permitted to provide psychotherapy in Colorado (12-245-224.5)
  • Any person advertising or operating an AI system (6-1-1705.2)

What a privacy notice must say

  • Inform clients at initial contact of the restrictions on AI use in psychotherapy.C.R.S. 12-245-224.5

Practices it requires

  • Do not use an AI system to record or transcribe a client's therapy session unless the client is told in advance in writing that AI will be used and for what purpose, consents in writing, and may refuse or revoke consent.C.R.S. 12-245-224.5(4)
  • Do not let an AI system engage in therapeutic communication or generate treatment plans without real-time involvement and review by the licensed professional.C.R.S. 12-245-224.5
  • Do not advertise or present an AI system as providing psychotherapy, as equivalent to a licensed therapist, or as keeping user data confidential in a way comparable to therapist-client confidentiality.C.R.S. 6-1-1705.2(1)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Subsection cites within 12-245-224.5 other than (4) were not individually verified.

Research reference, not legal advice.